JITENDRA MOHAN GULATI Vs. HIRA LAL SINGH

JUDGEMENT

(1.) Aggrieved by the order dated 4th May, 2014 whereby leave to defend application of Dr. Jitendra Mohan Gulati in an eviction petition filed by Hira Lal Singh under Section 14(1)(e) of Delhi Rent Control Act, 1958 (in short the DRC Act) was dismissed, Dr. Gulati prefers the present petition.

(2.) In the eviction petition Hira Lal stated that the tenanted premises a room admeasuring 14 ft. x 11 ft. approximately on ground floor facing main road in Cottage No. 29, Ground Floor, West Patel Nagar was let out to the petitioner for running a Doctor?s clinic vide agreement dated 13th January, 1972. Hira Lal is the owner and landlord of the premises and required the tenanted premises bonafidely for himself and his family members dependent upon him. It was stated that Hira Lal had retired as Executive Engineer in the year 2003 from Delhi Administration and the shop was required by Hira Lal to start business of motor parts and accessories. Hira Lal had no other work or vocation and the shop in question was within the building where Hira Lal and his family were residing on the rear side. Ramandeep Singh son of Hira Lal is BE in electronics and was doing the business of sale of tyres and tubes and their fitment from one of the rooms in the suit property. One room at the back of the tenanted premises was being used by his son for storage of tyres and tubes and rest of the portion on the ground floor and one room on the first floor i.e. a total of three rooms were at the disposal of Hira Lal and his family consisting of himself, his wife (a retired school teacher), his son Ramandeep Singh, son?s wife and two school going children i.e. grand-son aged 15 years and grand-daughter aged 8 years. Hira Lal also has a daughter who is married and lives in Ajay Enclave, New Delhi with her husband. The said daughter also has two children and she along with her husband and children frequently visits her parents. Further Ramandeep Singh was having difficulty in doing business because he cannot use the main Road and he has to bring the customer?s car to do the needful right up to the front courtyard where he has installed the wheel tyre changing machine. Thus, Ramandeep also needs the tenanted premises for the purposes of installation of said wheel balancing and tyre fitment machine. Thus the tenanted premises was required bonafidely both by Hira Lal and his son Ramandeep Singh and that they have no other suitable accommodation available.

(3.) It was further stated that the premises in question was owned by father of Hira Lal and to create a rental income for his wife, Sardar Bhag Singh, the owner allowed his wife Smt. Basant Kaur to let out the premises in question to Dr. Gulati and to take rent from him. Sardar Bhag Singh died on 19th February, 1985 and Smt. Basant Kaur on 22nd January, 1999. During the life time of Smt. Basant Kaur, Hira Lal was collecting rent from Dr. Gulati and after the death of Smt. Basant Kaur, Hira Lal started collecting rent as landlord of the tenanted premises and issued rent receipts to Dr. Gulati. Since the death of Smt. Basant Kaur, Dr. Gulati has accepted Hira Lal as the owner/landlord of the premises in question and started attorning him as landlord. It is further stated that Dr. Gulati has at his disposal premises No.C-117, West patel Nagar, New Delhi which is just opposite the tenanted premises, across the road and the area is three times more than the area of the tenanted shop. However Dr. Gulati has kept the said shop locked and the same is not in use for the last more than 7-8 years.